Workday Time Tracking: Obligations and Penalties

Workday time tracking is a legal requirement for companies to document the hours each employee dedicates to their work. It serves as a legal tool in employer-employee relationships. Adapting time control systems, managing overtime, and ensuring employee privacy are challenges that must be addressed to maintain a positive work environment. At Adlanter, we understand that complying with time tracking regulations can be complex. In this article, we explain what workday time tracking is, how it is applied, and the key aspects you need to consider to comply with current legislation.

Who Must Keep Workday Time Records?

Workday time tracking applies to all companies in Spain, regardless of their size or industry, and to all employees, regardless of their category or professional group. Notably, companies are obligated as long as they fall within the scope of Article 1 of the Workers’ Statute. This means the requirement applies to employees providing services within a company.

The law does not require employees subject to workday time tracking to be physically present at the company’s workplace. As a result, companies must also track hours for temporary workers, remote employees, or those working outside the company’s premises.

Exceptions

There are specific cases where this obligation does not apply, such as:

• Top executives, as outlined in the Workers’ Statute.

• Self-employed workers and cooperative partners, whose employment relationships are governed by specific regulations.

 

What Must Be Included in the Time Tracking Records?

To comply with the law, time records must include:

🔹 Start and end times of the workday.
🔹 Breaks and rest periods (to ensure they are not counted as part of the effective working time).
🔹 Overtime hours, clearly distinguished from regular work hours.

These records not only help organize working time but also facilitate control by the Labour and Social Security Inspection authorities.

How Can Companies Track Work Hours?

The law provides flexibility in how time tracking is carried out, as long as the system guarantees reliability, immutability, and accessibility. Some commonly used systems include:

🔹 Paper records: Employees manually sign in and out.
🔹 Digital systems: Apps or software that automate time tracking.

If the tracking system—whether defined through negotiation, agreement, or company decision—uses digital devices, video surveillance, or geolocation, employee privacy rights must always be respected. Additionally, companies must keep workday records for four years and make them available to employees, their legal representatives, and labour inspectors upon request.

What Risks Does Your Company Face for Non-Compliance?

Failure to comply with workday time tracking regulations can lead to serious legal and financial consequences. According to Article 7.5 of the Law on Labour Infractions and Sanctions (LISOS), failure to track employee hours is considered a serious violation, punishable by fines ranging from €751 to €7,500.

Moreover, with the expected approval of a new law requiring companies to adopt digital time tracking systems, penalties will become even stricter. In case of non-compliance, fines could reach up to €10,000, depending on the severity:

🔹 Minor offenses: €1,000 – €2,000
🔹 Moderate offenses: €2,001 – €5,000
🔹 Serious offenses: €5,001 – €10,000

This new legal framework will increase scrutiny on companies, requiring greater transparency and control over working hours. Avoid penalties and legal issues by implementing a compliant time tracking system.

Conclusion

Complying with time tracking regulations is a legal obligation that improves work organization and protects employee rights. At Adlanter, our team of labour law experts is ready to help ensure your company meets all regulatory requirements seamlessly.

✔️ Need help with your company’s workday time tracking?
📩 Contact us, and we’ll help you find the best solution.